Moshir v. As (AND) while are: Find (AND) to be (AND AS) to have been found ( 2024 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK AL MOSHIR, Plaintiff, 1:23-CV-10594 (LTS) -against- ORDER OF DISMISSAL AS (AND) WHILE ARE: FIND (AND) TO BE (AND AS) TO HAVE BEEN FOUND, Defendant. LAURA TAYLOR SWAIN, Chief United States District Judge: By order dated December 7, 2023, the Court directed Plaintiff, within 30 days, to submit a completed request to proceed in forma pauperis (“IFP” or “IFP application”) or pay the $405.00 in fees required to file a civil action in this court. That order specified that failure to comply would result in dismissal of this action. Plaintiff has not filed an IFP application or paid the fees. Accordingly, the Court dismisses this action without prejudice. See 28 U.S.C. §§ 1914, 1915. The Court certifies, under 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Court directs the Clerk of Court to enter a judgment dismissing this action for the reason set forth in this order. The Court also directs the Clerk of Court to provide Plaintiff a copy of this order and the accompanying judgment should he appear in person at the court’s Pro Se Intake Unit’s window. SO ORDERED. Dated: March 1, 2024 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge